JSC final report raises new allegations, Azmiralda says

The Judicial Service Commission (JSC) issued its final report on the investigation into allegations of undue influence surrounding the arrest of Ismail Latheef, the husband of Supreme Court Justice Azmiralda Zahir, with new accusations, Azmiralda said Tuesday.

According to a statement issued by Azmiralda’s legal representative, Ibrahim Shameel, the final report introduces new allegations not previously disclosed in the initial inquiry documents. The JSC inquiry committee has also decided to recommend the dismissal of two judges, including Azmiralda, for allegedly influencing the Parliament’s decision on the arrest and detention of Latheef, who was detained at a massage parlour.

The first notice served to Justice Azmiralda, along with the initial investigation report, included accusations of influencing judges of the Criminal Court. However, the final report now alleges that Supreme Court Justice Mahaz Ali Zahir exerted influence on Judge Ibrahim Zihni through Criminal Court Judge Sofwath Habeeb.

Azmiralda contends that the nature of the charges has shifted during the course of the investigation. According to her lawyer, several claims in the final report were not presented earlier, and no opportunity was provided to respond to them.

“Some of the allegations in the report have not even been put forward to the judge in questioning. As a result, the committee has not verified facts nor obtained a formal response from the judge regarding the new information,” Shameel stated.

Yazmeed Mohammed, a JSC member representing President Dr Mohamed Muizzu, was part of the inquiry committee. Azmiralda has written to President Muizzu, alleging that the committee, including Yazmeed, issued a statement containing inaccurate information.

Both Azmiralda and Mahaz are currently suspended following a notification by the Anti-Corruption Commission (ACC) to the JSC that it is investigating the judges. The ACC is reportedly examining a case involving possible abuse of official authority to prevent Latheef’s arrest. The commission has not confirmed whether this case is under formal investigation.

Azmiralda has also submitted a complaint alleging that ACC President Adam Shamil attempted to influence the legal proceedings. The complaint has been registered with the ACC. She further lodged a police complaint against Shamil, accusing him of disseminating false information, although the police did not accept the case.

In addition to the main investigation, the JSC is reviewing other related matters. The commission is expected to examine allegations concerning High Court Assistant Registrar Hussain Mohamed Haneef and former judge Husnu Suood, who allegedly acted inappropriately toward Haneef in the presence of Azmiralda and Mahaz.

A disciplinary case has also been initiated against Azmiralda’s lawyer, Ibrahim Shameel, in connection with the press release issued on the final report.

Azmiralda, Mahaz, and former judge Husnu Suood were suspended in February, ahead of a scheduled hearing regarding an interim order on the enforcement of new constitutional conditions on the loss of parliamentary seats.

The constitutional case concerns an amendment that allows for the removal of a Member of Parliament if they are expelled from their political party. The suspension of the judges followed the decision to proceed with the case.

The matter has since stalled due to the lack of a complete bench. With only four active judges on the Supreme Court, the case cannot proceed in line with the Courts Act, which requires a minimum of five judges to hear constitutional matters. Former High Court Chief Justice Hussain Shaheed has since been appointed, but the constitutional case is not expected to resume until a decision is made regarding the suspended judges.